Drugs and Worship

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Q: If a person consumes intoxicants such as drugs (not alcohol), is their salaah and ibaadat also not accepted for 40 days as is for alcohol?

The reason why a person who consumes alcohol does not have his ibaadat accepted is the fact that he or she has become intoxicated. So it does not matter in which way one became intoxicated. If a substance was consumed for the deliberate and express purpose of becoming intoxicated then the same rules will apply as for alcohol, whether it was marijuana, heroin, cocaine, or any other drugs. The ibaadat of such a person, too will not be accepted for 40 days.

Allah Ta’ala knows best

Mufti Siraj Desai
Darul-Uloom Abubakr

Sunnat Ghayr Muakkadah

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Q: Can you explain about Sunnat ghayr muakkadah?

Ghayr Mu'akkadah Sunnats are not compulsory, but if done, merits great rewards.

The four Sunnats before Asr, the four Sunnts before Eshaa are Ghayr Mu'akkdah.

Moulana Yusuf Laher

Procedure for Sajda Sahu

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Q:  Can you please let me know the correct procedure of performing "Sajda Sahu" (if any mistake occurs in salah). I belong to Hanafi Mathab.

When sitting in the last sitting read Attahiyyaat, make one Salaam to the right. Then make two sajdahs as Sajdah is normally made. Then sit again and read Attahiyyat again and the rest of what is read. Then complete the salaah by making Salaam to both sides, as is normally done.

Moulana Yusuf Laher

Down Syndrome and Salaah

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Q: Is salaah fardh upon a person who has down syndrome after they've reached maturity? They are not able to read or write however they have the ability to memorise.

Salaah will be faradh upon a person suffering from Down Syndrome. Though such people have physical disabilities and some mental retardation, they are still capable of leading a close to normal life and their minds are capable of learning and understanding. According to Shariah, an individual is only exempt from the Laws of Shariah when he or she has lost all mental capability or intellect, or the individual has become totally paralyzed to the extent that he or she is incapable of moving the limbs.

In the above case, this person shall have to offer salaah even if it means shortening the salaah and reading short suras, or just reading the faradh rakaats and leaving out the sunnats and nafl.

Allah Ta’ala knows best

Mufti Siraj Desai

Second Jamaat

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Q: I am living in an area with a large Muslim community and we have a small mosjid. We have not got enough space for juma, is it permissible to have a second jamaat?

According to Imam Maalik (Rahmatullaahi Alayh) it is Makrooh to make Salaah in Jamaat with someone other than the appointed Imam. If there is more than one appointed Imam, then too, the preferred opinion of the Maalikiyyah is that it is Makrooh. (Haashiyatus Saawi V2 P247, Al Fiqhul Islaami wa Adillatuh V2 P331)

According to the Shaafi’ee Madhab, if the Masjid is too small to accommodate all the Musallis and there is a fear that the time of Salaah will expire, then a second Jamaat is allowed, or if the appointed Imam gives permission, then it will be permitted to make a second Jamaat. (Mughnil Muhtaaj V1 P 244, Al Fiqhul Islaami V2 P 332)

According to Imam Ahmad (Rahmatullaahi Alayh) it is not permissible to make Jamaat before the appointed Imam except with his permission. It is also permissible to make a second Jamaat after the appointed Imam has led the Salaah. (Al Fiqhul Islaami V2 P332)

Imam Tirmidhi has also recorded this opinion of Imam Ahmad and says that it is also the opinion of Imam Is’haaq and many among the Sahaabah and Taabi’een. (Tirmidhi V1 P373)

According to the Ahnaaf, note the following:

The jurists of the Ahnaaf as a matter of principle have ruled that a second Jamaat is Makrooh Tahreemi.

Thus Allamah Kaasaani (Rahmatullaahi Alayh) has written:

If the people of the Masjid or some of them have performed Salaah with Adhaan and Iqaamah then it is Makrooh for the rest of the people of the Masjid or for others to repeat the Athaan and Iqaamah.

So majority of the Fuqahaa hold the view that a second Jamaat is Makrooh. Among the four Madhabs the Ahnaaf, Maalikiyyah and Shawaafi hold this view. The Hanaabilah say it is permissible and the Shawaafi say that if the Masjid cannot accommodate all the Musallis at one time then it will be permissible.

Those who say it is permissible cite the Hadeeth of Tirmidhi as proof.

They also cite a Hadeeth of Bukhaari. In this Hadeeth it is mentioned that Sayyidina Anas (Radhiyallaahu Anhu) came to a Masjid wherein Salaah had already been completed. He then performed Salaah with the Adhaan and Iqaamah being given again. (Bukhaari V3 P33)

Those who say it is Makrooh cite this Hadeeth that once Rasulullah (Sallallaahu Alayhi wa Sallam) went to arbitrate between two factions. Thereafter when he went to the Masjid Salaah in Jamaat was already done. He returned to his home, gathered the family members and made Jamaat with them (in the house). (Majma’uz Zawaa’id V1 P258)

There are a few scenarios wherein a second Jamaat will be allowed. Those are mentioned here that are relevant to the question:

1. If there is no appointed Imam for the Masjid then a second Jamaat will be allowed. (Fataawa Al Hindiyyah V3 P105)

2. People from outside and not from the locality gave Adhaan and Iqaamah and made Jamaat. Thereafter it will not be Makrooh for the people of the locality to again render the Adhaan and Iqaamah and perform Salaah in Jamaat. (Raddul Muhtaar V4 P218)

3. The first Salaah is made with Adhaan and Iqaamah and the second Jamaat is done without Adhaan. This is approved unanimously by the Ahnaaf jurists. (Raddul Muhtaar V4 P219)

According to Imam Abu Yusuf (Rahmatullaahi Alayh) if the second Jamaat makes changes in the ‘Hay’at’, i.e. changes in the format compared to the first Jamaat, then a second Jamaat will not be Makrooh. An example of a ‘change’ is that the second Imam does not stand where the first Imam stood. The Imam usually stands at the Mihraab. The second Imam should stand away from the Mihraab. (Raddul Muhtaar V4 P220)

Allaamah ibni Nujaym (Rahmatullaahi Alayh) also says that there is no problem at all if (the second Imam) stands at a different place from where (the first Imam) stood.  (Al Bahrur Raa’iq V3 P382)

The jurists have accepted and approved of the opinion of Imam Abu Yusuf.

Jumu’ah Salaah is from among the salient features of Islam and holds great importance, thus the jurists have tried to create leniency so that all aspects are accommodated. For example, there should be only one Jumu’ah in a town, but if a single place cannot accommodate all the Musallis then they have given permission for Jumu’ah to be performed in more than one place in a town. (Al Bahrur Raa’iq V5 P140)

The Maalikiyyah also say the same. (Haashiyatus Saawi V2 P351)

Although according to the ruling of Imam Shaafi’ee (Rahmatullaahi Alayh) Jumu’ah in more than one place in a town is not permissible, the latter jurists of the Shaafi’ee Madhab gave permission, looking at the need.

The purpose behind leniency is so that the importance of the Jumu’ah is not decreased in the minds of the people and that every person ensures that he performs Jumu’ah Salaah.

Worse than having a second Jamaat is some people not performing Jumu’ah at all.

Keeping the above discussion in mind, the following is suggested:

1. The responsible people of the community should endeavour to procure a second place for the Jumu’ah Salaah, such as a hall, etc. or even an open field.
2. Until that is not possible, let a second Jamaat take place at the Masjid. It is better than depriving the people from Jumu’ah Salaah.
3. It should be done in this manner: The first Jamaat will give the Adhaan and Iqaamah. The second Jamaat will not give Adhaan and Iqaamah.
4. The second Imam will not stand where the first Imam stood. Rather he should stand in a slightly different place. This will fulfil the requisite mentioned by Imam Abu Yusuf.
5. It will be better for the appointed Imam of the Masjid to perform the second Jamaat so that the second Jamaat will be counted as the people of the locality and the first Jamaat as outsiders. As mentioned above, a second Jamaat by the local people (residents of the area) after the first Jamaat by outsiders is valid and accepted unanimously.

If done as mentioned above then the Makrooh factor mentioned by the Ahnaaf will be removed.

Do remember that the original ruling is that it is Makrooh to have a second Jamaat in the same Masjid. Therefore concerted effort should be made to extend the current Masjid or procure other premises for Jumu’ah. The second Jamaat leeway is because of necessity and should not become a permanent feature, and it is to safeguard the Jumu’ah of the people.

Allah Ta’aala knows best.

(This writing is based on a Fatwa in Kitaabul Fataawa V3, by Hadhrat Moulana Khalid Sayfullah Saheb Rahmani Daamat Barakaatuhum)  

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

No Focus in Salaah

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Q: I happened to pray zuhr salah at home, but as soon as I started to pray, a family member unintentionally started to talk to somebody loudly and with the other person on speaker. I did complete my prayer without any mistakes but during the entire time I could hear these people talk and there was no focus or khushoo in the salah. Is this salah valid or does it need to be repeated?

Although there was no focus, nevertheless the Salaah is valid and does not have to be repeated.

Moulana Yusuf Laher

Hand on Head after Salaah

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Q: Why after Fard salaah do we keep our right hand on our heads?

It is not necessary to do so nor is it a part of the Salaah.

A Hadeeth mentions a Du'aa that can be recited after Namaaz. If the person recites this Du'aa then he will place or rub his right hand on the front of his head while reciting it.

Moulana Yusuf Laher

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